Looking for advice: son assaulted

[Jumping Frog]

Long story short, my 16 year-old HS Junior son was waiting at the car for his older brother and sister after school when a mid-40's father pulls up in his truck and starts into it with my son. Lengthy profanity, yelling, threats, etc. His face one foot from my son's face as he slams one of his fists into the other screaming about the body part he is going to kick. Accusing my son of beating up his daughter.

I suspect some kind of 'roid rage, in that the man was totally over the top and out of control. He is about 6 foot and heavily muscled like a bodybuilder.

No such event ever happened. The closest thing that resembles an interaction was my son walking into a classroom with a friend earlier that day, the friend was horsing around and shoved my son. He stumbles backward a couple of steps near the daughter, but does not think he even touched her.

Man starts following my son home. Oldest son (driver) makes a u-turn and drives into the ISD police station. Man left. Son went in and filed a complaint.

So before I go into the police station with my son tomorrow morning to complete the complaint and sign it, I have a couple of questions.

- Making threats of bodily harm in a manner where my son reasonably believed the threat was genuine is a crime. Right? What is the actual crime (statute)? Misdemeanor?

- Should I be getting a lawyer right now? If so, any recommendations in the Spring-Tomball area?

- What else should I be asking you about?

The truth of it is I have not had any experience in the criminal system myself, having never been arrested for anything, so I figure there are people more knowledgeable here. Thanks.

[ELB]

My thoughts in Red

[quote="Jumping Frog"]
Man starts following my son home. Oldest son (driver) makes a u-turn and drives into the ISD police station. ATTABOY!

2. I am concerned about him filing a retaliatory criminal compliant against my son. Bogus or not, I do not need that hassle. Not your call --- you can't control his decisions. So prepare for this (lawyer).

3. I also do not want a civil lawsuit. Assuming you mean you don't want 'roid Guy to file one -- see previous comment.

4. Any gotcha's or other landmine's I should be aware of guarding against? Lawyer.

5. What are my options regarding some kind of criminal protection order? Does one require a lawyer? Lawyer.

6. Should I be getting a lawyer right now? I would at least call a couple, explain situation, ask them for estimate of what it would take for them to help you.


If this guy had come to your son and lodged a complaint in a reasonable manner, calling him and sorting things out would be reasonable as well. Angry raging threats of violence are not reasonable. I would hate to drop the $$ on a lawyer, but I would at least want a quick consultation with one, especially if there might be blowback (e.g. counter-charges against your son.)

Good luck and let us know how it comes out, if you can without jeopardizing anything.

[Thomas]

The truth of it is I have not had any experience in the criminal system myself, having never been arrested for anything, so I figure there are people more knowledgeable here. Thanks.

What are you trying to imply here

[Dave2]

I don't record conversations much, but it has always helped me and not hurt me. Texas is a one-party state. Just don't get caught or else he might say you must have broken it when you tripped on the curb.

Broken what?

[texasmusic]

The audio tape perhaps?

[Dave2]

The audio tape perhaps?

Ah, yeah, that or the recording device makes sense

Wasn't someone around here talking about some conference call service they use that will record calls for them? So you dial the special number, put the phone back in your pocket and do your thing... If the phone gets broken, the recording is still intact.

And IIRC, the actual tape part of audio tapes is somewhat impervious to the amount of damage a "normal" scuffle would inflict. It might take you awhile to get it in a playable form again, but they'd have to specifically go after the actual recording media to completely ruin your recording.

So really it's just recordings on solid-state devices that are easy to destroy.

[gigag04]

Class c assault covers assault by threat. It's a citation level offense. Not to be harsh,but this is just life - things happen. It is the same level as if someone came in irate about being cut off, or to file on someone for not using their blinker.

I think you should let this situation die. You can lawyer up if you want, but it's going to the local muni/jp court if it goes at all. You can represent yourself their fairly easily. Not sure what a civil lawsuit would be doing...can you elaborate?

[bci21984]

22.07(a)(2) Terroristic Threat: "(a) A person commits an
offense if he threatens to commit any offense involving violence to
any person or property with intent to: (2) place any person in fear of imminent serious
bodily injury;"

[sugar land dave]

I also thought immediately of terroristic threat, a class-B misdemeanor.

[gigag04]

Good luck getting that through. Think bomb threat...or "I'm going to kill you" while looking for a knife.

[tbrown]

Next time your son should pepper spray him and immediately call 911 to report the adult who tried to touch him.

Or you can drop it and take the hothead off your Christmas card list.

.

[pcgizzmo]

I'm going to play devils advocate. I don't mean any disrespect to you or your son by me saying this either but it's just something to think about. When I was your son's age I didn't always tell my parents to whole truth. Is it possible that he might have done more to the girl than he's telling you? I'm not saying he beat her up but if he and his friend were rough housing is it possible he was a little riled up and may have pushed her or something?

Again, no disrespect intended. I was just a kid once myself and know how boys can be. Also, I will say the man went WAY over board on his reaction and should have called you and not confronted your son at all.

[speedsix]

...what seems appropriate as a response depends on whose son it is who it was done to........

...the big grownup man knew he was in the wrong or he wouldn't have run like a rabbit when the boys turned into the police station...an outraged father would have gone in and filed a complaint...or tried to...

...if it had been MY son, you wouldn't see me letting it go without the police getting a report, and documenting it all, and me trying to get him charged...if you or I did that as a CHL, we could lose our license...and might even get charged with disturbing the peace..."because we should know better"....so should he...

...let the witnesses from the classroom incident sort out the part about if the son was telling it right...I've had 4 sons...but I don't see with the schools' attitudes about violence these days that the incident as the father accused would have been given a pass...


...the loose cannon "father" guy should have at least had to sit down and explain to the officers what he'd done...giving him time to think about it...and clear his pinhead...

[Jumping Frog]

Well, I hesitate to say too much since things are not wrapped up as yet, but as of right now, everything is looking good.

There were statements taken by the police today from many people, they are taking it seriously and undertaking a full investigation.

[Keith B]

My opinion, let it run its course with law enforcement, then deal with it after they handle it. If they charge him, then you have won.